Equitable Remedies

Question 1

Shalson v Rossi

Answer 1

Two years for breach

Question 2

Sports direct v rangers international F.C.

Answer 2

S abuse of process

If court not enforce breaches whole system weakened

Question 3

Coventry v Lawrence

Answer 3

Damages awarded in lieu of injunction

Question 4

Dering v Earl of winchelsea

Answer 4

Clean hands

Does not mean general depravity, must have immediate and necessary relation to the equity shed for, legal and moral sense

Question 5

Argyll v Argyll

Answer 5

Clean hands

A person coming to equity for relief must come with clean hands

Question 6

Attorney general v observer

Answer 6

Remedy in vain

Question 7

Lester v wood gate

Answer 7

Leches, undue delay

General equitable defence bars the grant of equitable relief when undue delay in assertin rights

Question 8

AB v CD

Answer 8

Justice preferred injunction to prohibit breach

Question 9

Red land bricks ltd v Morris

Answer 9

1. Strong possibility grave damage accrue

2. Damages not sufficient/adequate

Question 10

Red land bricks ltd v Morris— negative injunction

Answer 10

A negative injunction is granted to prevent the continuance or recurrence of a wrongful act

Question 11

Redland bricks ltd v Morris— quia timer

Answer 11

No harm but threatening and intending

Question 12

Venables v News group

Answer 12

Against whom? Identified party

Question 13

Bloomsbury publishing v news group newspaper

Answer 13

Against whom?

Contra minding

Question 14

Middleton v person unknown

Answer 14

Against whom?

Those fitting description

Question 15

American cyanamid test

Answer 15

Serious issue
Prima facie case
Not frivolous

Question 16

Cayne v Global nature resource

Answer 16

What can the court do in its best endeavour to avoid injustice?

Question 17

Smith v inner London education authority

Answer 17

Special factors?

Public

Question 18

Mareva compania naviera sa v international bulk carries

Answer 18

No payment, freezing injunction granted

Question 19

BCS corporate acceptances v terry

Answer 19

A freezing order is not proprietary relief and obtaining security is not its purpose

Question 20

Anton piller KG

Answer 20

Search for computer pieces

Question 21

Entick v Carrington

Answer 21

Search order

Permission of defenders

Question 22

Patel v Ali

Answer 22

Specific performance would be refused as hardship amounting to injustice if granted

Question 23

Torquay hotel

Answer 23

Picket

Quia timet granted

Status qui

Question 24

Hubbard v Pitt

Answer 24

Balance convenience

Question 25

American cyanamid—freezing order

Answer 25

Arguable case

Disclosure

Grounds believe asset in jurisdiction

Grounds believing assets will be removed

Question 26

Anton piller conditions

Answer 26

Prima facie

Damage serious nature

Clear evidence if incriminating documents

Real possibility of destruction